Terms of Use – mySylvan Marketplace+

Effective Date: September 1, 2019
Last updated December 20, 2021

Your use of the Sylvan In-Home, LLC (“mySylvan Marketplace+”) websites, located at www.mysylvanmarketplaceplus.com, parents.mysylvanmarketplaceplus.com, and tutors.mysylvanmarketplaceplus.com, and any mobile applications offered or hosted by mySylvan Marketplace+ (collectively with the websites, the “Sites”) is subject to these Terms of Use (these “Terms”). Please review these Terms prior to use of the Sites. You should not agree to these Terms unless you fully understand and accept each provision. By viewing, accessing, or using the Sites, including by signing up for tutoring sessions through the Sites, you represent that you have read, understood, and agreed to all provisions contained herein. If you do not agree to these Terms, please do not use the Sites.

General Terms

The Sites is provided to users (including, without limitation, parents and students) seeking tutoring services, and to tutors and affiliated companies seeking to provide such services.

The term “you” or “user” shall refer to students, parents, tutors, or other party, as applicable, who accesses, views, uses or submits any content to the Sites. The term “we” or “us” or “our” shall refer to mySylvan Marketplace+.

Privacy

Your privacy is important to us. All information provided by you or collected by us in connection with your use of the Sites will be collected and used in the manner described herein and pursuant to the terms of our Privacy Policy (the “Privacy Policy”), where such Privacy Policy is incorporated and made a part of these Terms of Use by this reference. Please see our Sites for our Privacy Policy.

Services

The Sites offers a marketplace to connect parents or students seeking to find tutoring services with tutors looking to provide the same. Some of the tutors who use the Sites are licensed to provide Sylvan and SylvanSync™ programs and services; all such licensed tutors are distinguished on the Sites with a specific badge which denotes them as “Certified in the Sylvan Method.” These certified tutors have received training in the Sylvan products and access to Sylvan’s operational guidelines. All tutors control the methods and materials used in their tutoring sessions.

Students and parents are responsible for selecting the right tutor for their needs. In making hiring decisions, they should review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other parents and students.

ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.

We make no representations or warranties about the availability and functionality of the Sites, the services offered by the Sites, or the messaging and communication features of the Sites.

You must provide all equipment, software, and provider accounts necessary to connect to the Sites, including, but not limited to, a mobile device that is suitable to connect with and use the Sites, in cases where the Sites offers a mobile component. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Sites. As an example and not a limitation, you may also be required to have an account with the applications provider for your mobile device in order to access the Sites. mySylvan Marketplace+ has no liability to you for your ability or inability to access the Sites.

Compliance with School Policies

You represent and warrant that you will only use the Sites for purposes which do not and would not violate any the code of conduct or other such policy at any school, especially as such policy relates to academic integrity, cheating, plagiarism, etc.

Your Obligations and Conduct

In consideration of your use of the Sites, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving tutoring services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Sites (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to mySylvan Marketplace+, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Sites or the services or submit content to the Sites if you are under the age of 13.

You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Sites. You agree not to upload, post or otherwise transmit content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to mySylvan Marketplace+ or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. mySylvan Marketplace+ reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

You agree to use the Sites in a manner that is appropriate and compliant with laws. mySylvan Marketplace+ reserves the right to suspend or terminate any user’s access if such user acts in any way that mySylvan Marketplace+ determines, in its sole discretion, to be offensive or inappropriate. Conduct that is inappropriate and/or offensive includes, without limitation, the following:

• Distribute certain materials or content that mySylvan Marketplace+ deems hateful, offensive, profane, or obscene;
• Submit any material which infringes upon a third party’s intellectual property rights;
• Use any files which contain software or malware or otherwise contains viruses, Trojan horses, worms, time bombs, or any similar aspect which may interfere with others’ use of the Sites in any way;
• Harass, or otherwise engage in abusive or threatening behavior which violates the rights of others;
• Impersonate any other person on the Sites or allow any other person to login as you, including by sharing usernames and passwords in violation of these Terms;
• Act in any manner which violates local, state, or federal laws or regulations in any way;
• Attempt to gain unauthorized access to the Sites, other user accounts, or other device, computer system or networks connected to the Sites;
• Advertise or offer to sell any goods or services for any commercial purpose on the Sites that are not appropriate or relevant to the Sites, including any advertisements for services which are similar in nature to those offered by mySylvan Marketplace+ and which may be deemed in competition with mySylvan Marketplace+;
• Soliciting customers or tutors from mySylvan Marketplace+ for similar business to occur outside of mySylvan Marketplace+;
• Distribute spam in any manner;
• Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Sites;
• Access, download, or copy any information, content and/or materials from the Sites through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Sites; or
• Act in any manner that may harm or impede others’ use of the Sites in any way.

You may report any inappropriate behavior on the Sites by emailing [email protected].

By using the Sites, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Sites: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. You acknowledge that you must immediately cease any and all use of the Sites if and at such time as you do not meet any of these Eligibility Conditions. You shall bear all responsibility for complying with such Eligibility Conditions and mySylvan Marketplace+ expressly disclaims any liability resulting from any user’s use of the Sites in violation of this provision.

By using the Sites, you understand and agree that mySylvan Marketplace+ may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that mySylvan Marketplace+ may revise the Eligibility Conditions from time to time and require new conditions and certifications and that user will abide by such revised Eligibility Conditions or discontinue using the Sites.

You hereby authorize mySylvan Marketplace+ to verify the above representations and warranties by you and you acknowledge and agree that mySylvan Marketplace+ shall have the right, but not the obligation, to verify such representations and warranties. You acknowledge that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use, or disclosure in order to accomplish such verification. You further agree that mySylvan Marketplace+ may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Sites, should it determine that you have violated any representation or warranty.

Notwithstanding the foregoing, you understand and acknowledge that mySylvan Marketplace+ does not necessarily conduct background checks of any parent or student. You also understand and agree mySylvan Marketplace+ neither confirms nor denies the validity of information provided by any user or by any third party, and that mySylvan Marketplace+ does not represent or warrant that it has verified that any or all users have met any or all of the Eligibility Conditions. You must make your own assessments about with whom you should engage through the Sites.

mySylvan Marketplace+ expressly disclaims, and you expressly release mySylvan Marketplace+ from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user’s Eligibility Conditions, and/or (b) misstatements or misrepresentations made by any user.

Third-Party Reports

mySylvan Marketplace+ may utilize third-party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications, though we do not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness, or completeness of any information in the consumer reports. mySylvan Marketplace+ does not independently verify information in the consumer reports.

You hereby consent to the collection, use, and disclosure of any of the information contained in the consumer reports by mySylvan Marketplace+. You understand and agree that mySylvan Marketplace+ may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a user or to investigate a complaint about a user. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness, or completeness of such information. mySylvan Marketplace+ reserves the right to suspend and/or terminate any user based upon information in the consumer reports or for any other reason in mySylvan Marketplace+’s sole discretion.

Confidentiality

You may obtain direct access via the Sites to certain confidential information of mySylvan Marketplace+ and its affiliates, including, without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You shall maintain the strictest confidence in all such Confidential Information and not disclose any aspect thereof unless mySylvan Marketplace+ otherwise consents in writing. mySylvan Marketplace+ and its affiliates own all right, title, and interest in the Confidential Information.

Confidential Information does not include any materials which: (a) you possessed prior to your access to or use of the Sites; (b) is or becomes generally known to the public without disclosure by you or otherwise without violation of these Terms; (c) you obtained from a third party who was not bound by any obligation not to disclose; (d) were independently developed by you without the use of any Confidential Information and without assistance from other parties who may have used such Confidential Information; or (e) in response to a valid court order, provided that you gave mySylvan Marketplace+ adequate notice of such court order prior to any disclosure thereunder in order to afford mySylvan Marketplace+ sufficient opportunity to object to such disclosure in advance thereof.

Materials Submitted to the Site

You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, discriminatory, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

If you do submit material, and unless we indicate otherwise, you grant mySylvan Marketplace+ an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You further agree that mySylvan Marketplace+ is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to mySylvan Marketplace+. You grant mySylvan Marketplace+ the right to use the name you submit in connection with such material, if it so chooses. All personal information provided via the Sites will be handled in accordance with our Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify mySylvan Marketplace+ for all claims resulting from content you supply. You are not entitled to any compensation for your submission of material or your use of the Sites.

Business Transactions

You acknowledge and agree that you shall be responsible to pay any cost associated with your receipt or delivery of services offered through the Sites. These costs may include, without limitation: (a) session fees owed to tutors (payable by students or parents); (b) facilitation fees owed to mySylvan Marketplace+ (payable by tutors); (c) cancelation fees owed to tutors, as described in an individual tutor’s profile on the Sites; and (d) any service fees, if applicable.

When you schedule a session, you will be asked to provide information for the credit card that you prefer to be charged in connection with the session. A hold will be placed on this credit card 48 hours in advance of your scheduled session, but no charge will be applied until the session is complete and you have approved the charge. Just in case your session runs over its scheduled time slot, the hold placed will be for twice the amount of the session fee, but you will only be charged for the amount of time actually used.

After the session is complete, you will get an email that includes a summary of the session, including the actual session length (rounded to the nearest 15 minutes) and a payment approval request. Once you approve, charges will be applied to your credit card. If you have a dispute for any reason, you will not be charged until the dispute is resolved. If you do not click approve or communicate a dispute within 24 hours, we will assume that you have approved, and a session payment will be charged automatically to your selected credit card.

Advertisements and Promotions

mySylvan Marketplace+ may run advertisements and promotions from third parties on the Sites. Your correspondence with, or participation in promotions of, advertisers other than mySylvan Marketplace+ found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and such advertiser. mySylvan Marketplace+ is not responsible or liable for any loss or damage of any sort incurred as the result of any interaction with third-party advertisers on the Sites.

Text Message Notifications

Users may opt in to receive notifications via email and in-mobile-application push notifications concerning new messages, scheduled session reminders, job opportunities, and more. Once a tutor and student have connected, they may choose to communicate via text message for certain purposes. Please note that standard data and messaging rates may apply to any such notifications and text message communications. Please contact your mobile phone carrier for details. Tutors and students must continue to use the Sites to schedule additional sessions; scheduling sessions outside of the Sites is a violation of these Terms and may lead to suspension or termination of the user.

For more information, email [email protected].

Links

The Sites may contain links to other websites, some of which are operated by mySylvan Marketplace+ and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. As an example and not a limitation, the Sites may contain links to Stripe Connect, our merchant processor; tutors will need to review the terms of the Connected Account Agreement (which can be found here), and all users should review the Stripe Connect Privacy Policy (which can be found here). mySylvan Marketplace+ is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Intellectual Property Rights

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, videos downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by mySylvan Marketplace+, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access. Any other use of content on the Sites, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, is expressly prohibited. You are expressly prohibited from employing any bots, macros, or other automation in connection with the Sites. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. mySylvan Marketplace+ reserves the right to remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. mySylvan Marketplace+, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in mySylvan Marketplace+’s sole discretion. mySylvan Marketplace+ neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with mySylvan Marketplace+.

Trademarks and Copyright

Trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of mySylvan Marketplace+, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. mySylvan Marketplace+ reserves all rights not expressly granted in and to the Sites and their content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries.

Termination and Suspension

mySylvan Marketplace+ reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Sites after termination or during suspension. Termination of your access or use will not waive or affect any other right or relief to which mySylvan Marketplace+ may be entitled at law or in equity.

Disclaimers

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MYSYLVAN MARKETPLACE+ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER[S] THAT MAKE[S] THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSYLVAN MARKETPLACE+ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MYSYLVAN MARKETPLACE+ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

THE SITE OFFERS A MARKETPLACE TO CONNECT PARENTS OR STUDENTS IN NEED OF TUTORING SERVICES WITH TUTORS SEEKING TO PROVIDE THE SAME.

YOU UNDERSTAND AND AGREE THAT MYSYLVAN MARKETPLACE+ HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT MYSYLVAN MARKETPLACE+ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT MYSYLVAN MARKETPLACE+ IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, MYSYLVANMARKETPLACE+ EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES MYSYLVAN MARKETPLACE+ FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.

USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. MYSYLVAN MARKETPLACE+ WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. MYSYLVAN MARKETPLACE+ IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.

TO THE FULL EXTENT PERMITTED BY LAW, MYSYLVAN MARKETPLACE+ IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF MYSYLVAN MARKETPLACE+ HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MYSYLVAN MARKETPLACE+’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MYSYLVAN MARKETPLACE+ OR ITS AFFILIATE OR PARTNER OR A TUTOR, IF ANY; OR (B) $500 (WHICHEVER IS LESS).

YOU AND MYSYLVAN MARKETPLACE+ AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, NEGOTIATED BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MYSYLVAN MARKETPLACE+ AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

Assumption of Risk

You agree and understand that you assume all risks when using the Sites, including, without limitation, any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions when interacting with other users.

Indemnification

You agree to indemnify, defend, and hold harmless mySylvan Marketplace+ and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from: (a) acts or omissions occurring on or off the Sites; (b) violations of the rights of other users or third parties in any way related to the Sites; (c) violations of any applicable laws or regulations; (d) any conduct occurring on the Sites; and (e) any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. mySylvan Marketplace+ reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with mySylvan Marketplace+ in the defense of such matter.

Injunction

You agree that any material breach of these Terms will result in irreparable harm to mySylvan Marketplace+ for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, mySylvan Marketplace+ will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if mySylvan Marketplace+ seeks such an injunction.

Jurisdiction and Applicable Law

The laws of the State of Maryland, United States of America, govern these Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in Maryland for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites has been designed to comply with the laws of the State of Maryland and of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites is not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to these Terms of Use

mySylvan Marketplace+ reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check periodically for any changes we make to these Terms of Use. Your continued use of the Sites after any changes to these Terms of Use or other policies shall indicate that you accept the changes.

In the event we make material changes to these Terms of Use, notice of the changes will be posted on the Sites and the revised terms shall take effect immediately. We may require you to take certain actions to confirm your acceptance, such as selecting an “I accept” button. However, regardless of whether or not we require you to take a certain action to confirm your acceptance, by using the Sites you indicate that you agree with and accept these Terms of Use.

Entire Agreement and Admissibility

These Terms of Use, the Tutor Agreement (applicable to tutors only), and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and mySylvan Marketplace+ with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Control and Severability

If any part of the Sites or any provision contained within another policy located on the Sites contradicts the provisions herein contained, these Terms shall control. If we fail to exercise any of our rights under these Terms, such failure shall not constitute a waiver of such right and shall not create any expectation of non-enforcement. If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree to modify such provision to the full extent permissible by law and in accordance with the spirit of the provision as initially drafted. Under such circumstances, all other provisions of these Terms shall remain in place.

Contact Us

If you have any questions or comments about these Terms of Use or the Sites, please contact us as indicated below:

By email at: [email protected]

By postal mail at:

Sylvan In-Home, LLC
502 Washington Avenue, Suite 400
Towson, MD 21204